Conduct of courts in south Banat District in criminal cases of medical malpractice from Art. 251 of Criminal Code of the Republic of Serbia
Conduct of courts in south Banat District in criminal cases of medical malpractice from Art. 251 of Criminal Code of the Republic of Serbia

Summary/Abstract: In this paper, the authors deal with the issue of legal protection provided by criminal law in the Republic of Serbia in regards to the jeopardizing of or causing injury to the health of patients that occur due to doctors’ malpractice in conducting their duty. Apart from the overview of the legal provisions regulating this area, by examining the practice of the courts of the Republic of Serbia in South Banat district, we shall see the extent to which criminal law has proven to be efficient in providing basic human rights and the protection of the aforementioned, the right to life, and the right to healthcare. Every person has the right to the protection of their physical and psychological health. That is one of the basic human rights guaranteed by relevant international conventions and the Constitution of the Republic of Serbia. Therefore, it is justifiable to ask the question whether inadequate sanctioning of medical malpractice in the practice of courts in the Republic of Serbia jeopardizes the entitlement to the basic right of every person in need of healthcare, as well as whether the standing opinion that doctors are not responsible for their oversights is valid?

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